Individual Development Plans - The Process

As the final year of the implementation of the Additional Learning Needs (ALN) system is upon us, we have detailed within this blog the process of securing an Individual Development Plan (IDP).

During 2018, the Welsh Government passed new legislation called the Additional Learning Needs and Educational Tribunal (Wales) Act 2018 (ALNET) and the Additional Learning Needs Code 2021, which replaced all of the existing legislation and guidance in respect of Special Educational Needs (SEN). From September 2021, a new ALN system began to replace the previous SEN system, with the aim of finalising its implementation by the start of the academic year 2025 / 2026.

Any existing Statements of Special Educational Needs will continue to be a legal document until replaced by an Individual Development Plan or until the Local Authority informs parents / carers that it intends to end a Statement of SEN. This blog will therefore detail the process of securing an IDP.

An IDP is a legal document which describes a child or young person’s ALN, and the Additional Learning Provision (ALP) they require to meet those needs. This type of plan is applicable to children and young people from the age of 0 – 25.

As a starting point, it is important to look at the definition of ALN and ALP under the new legislation. Section 2 of the ALNET Act 2018 includes the definition of ALN which is summarised as follows:

A child of young person;

• Having greater difficulty learning than others of their age; or
• Having a disability which prevents or hinders them from using the facilities provided for education or training for others of the same age in mainstream schools or further education colleges (Equality Act 2010).

Additional Learning Provision is then defined within Section 3 of the ALNET Act 2018 as educational or training provision that is additional to, or different from, that made generally for others of the same age in nursery, school or a further education institute. The test for applying for an IDP is therefore split into two parts which is as follows:

1. The child / young person has or may have ALN; and
2. It may be necessary for ALP to be provided by issuing an IDP.

There are two types of IDPs – school maintained and Local Authority maintained. Each type of plan is addressed in turn below.

School Maintained IDP

For school-aged children, the request is first made to the maintained school. When submitting an IDP request to the school, the school has 35 school days to consider the request and decide whether the child has ALN and requires ALP by way of an IDP. If the school agrees that the child requires an IDP, they must prepare and maintain the IDP by school day 35. If a parent / carer is unhappy with the school’s decision or the contents of the IDP they can contact their Local Authority and request that they reconsider the school’s decision.

This request can be passed to the Local Authority for ‘re-consideration’ or for the Local Authority ‘to take over responsibility of the IDP’ if a school or parent / carer feels the child’s needs require support or assessment that would not ‘be reasonable’ for a school to provide. Reconsideration of an IDP can take up to seven weeks.

The same above process applies when a young person attends a further education institute. However instead of school days, the process will take 35 term days.

Local Authority Maintained IDP

There are a number of circumstances in which a child is automatically eligible for a Local Authority maintained IDP. These include (but are not limited to) if the child is under 5 years old (not in a maintained school), is a Looked After Child, receives EOTIS (Education Otherwise Than In School) or is dual registered. It is however important to note that if the child or young person attends an independent mainstream / independent special school, the IDP request can be made direct to the Local Authority. In addition to this, a Local Authority can adopt and maintain an IDP if it would be considered unreasonable for a school to be able to secure the ALP required to meet the child / young person’s ALN.

When submitting an IDP request to the Local Authority, they have 12 weeks to consider the request and decide whether the child has ALN and requires ALP by way of an IDP. If the Local Authority agrees that the child requires an IDP, they must prepare and maintain the IDP by week 12. Similarly, if a Statement of SEN is due to be transferred to the new ALN system, the Local Authority must complete this process and issue the IDP within 12 weeks of the request being made / notice being given.

If the Local Authority do not agree that the child / young person has ALN and that an IDP will not be issued, they must notify the parent / carer of this decision and provide them with their right of appeal. It is worth highlighting that a number of decisions made by the Local Authority in respect of an IDP can be appealable to the Education Tribunal for Wales. However any decisions made by a child’s school is not appealable and must be submitted to the Local Authority for re-consideration if a parent / carer is unhappy with the school’s decision.

If you are experiencing difficulties with securing an Individual Development Plan, or the transfer from Statement of SEN is delayed, please contact our specialist solicitors today. Our education law team has a wealth of experience assisting with SEN / ALN matters and would be pleased to assist you. We offer a free initial consultation to discuss the best way forward and how we might be able to assist you with this. If you would like discuss your matter with one of our lawyers, please contact us on 0333 202 7175 or education@hcbgroup.com.